
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8033]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                          PART I--ORGANIZATION
 
                       CHAPTER 805--THE AIR STAFF
 
Sec. 8033. Chief of Staff

    (a)(1) There is a Chief of Staff of the Air Force, appointed for a 
period of four years by the President, by and with the advice and 
consent of the Senate, from the general officers of the Air Force. He 
serves at the pleasure of the President. In time of war or during a 
national emergency declared by Congress, he may be reappointed for a 
term of not more than four years.
    (2) The President may appoint an officer as Chief of Staff only if--
        (A) the officer has had significant experience in joint duty 
    assignments; and
        (B) such experience includes at least one full tour of duty in a 
    joint duty assignment (as defined in section 664(f) of this title) 
    as a general officer.

    (3) The President may waive paragraph (2) in the case of an officer 
if the President determines such action is necessary in the national 
interest.
    (b) The Chief of Staff, while so serving, has the grade of general 
without vacating his permanent grade.
    (c) Except as otherwise prescribed by law and subject to section 
8013(f) of this title, the Chief of Staff performs his duties under the 
authority, direction, and control of the Secretary of the Air Force and 
is directly responsible to the Secretary.
    (d) Subject to the authority, direction, and control of the 
Secretary of the Air Force, the Chief of Staff shall--
        (1) preside over the Air Staff;
        (2) transmit the plans and recommendations of the Air Staff to 
    the Secretary and advise the Secretary with regard to such plans and 
    recommendations;
        (3) after approval of the plans or recommendations of the Air 
    Staff by the Secretary, act as the agent of the Secretary in 
    carrying them into effect;
        (4) exercise supervision, consistent with the authority assigned 
    to commanders of unified or specified combatant commands under 
    chapter 6 of this title, over such of the members and organizations 
    of the Air Force as the Secretary determines;
        (5) perform the duties prescribed for him by section 171 of this 
    title and other provisions of law; and
        (6) perform such other military duties, not otherwise assigned 
    by law, as are assigned to him by the President, the Secretary of 
    Defense, or the Secretary of the Air Force.

    (e)(1) The Chief of Staff shall also perform the duties prescribed 
for him as a member of the Joint Chiefs of Staff under section 151 of 
this title.
    (2) To the extent that such action does not impair the independence 
of the Chief of Staff in the performance of his duties as a member of 
the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary 
regarding military advice rendered by members of the Joint Chiefs of 
Staff on matters affecting the Department of the Air Force.
    (3) Subject to the authority, direction, and control of the 
Secretary of Defense, the Chief of Staff shall keep the Secretary of the 
Air Force fully informed of significant military operations affecting 
the duties and responsibilities of the Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 492, Sec. 8034; Pub. L. 85-599, 
Sec. 4(d), (e), Aug. 6, 1958, 72 Stat. 517; Pub. L. 87-651, title I, 
Sec. 114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90-22, title IV, 
Sec. 403, June 5, 1967, 81 Stat. 53; Pub. L. 96-513, title V, 
Sec. 504(2), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 97-22, Sec. 10(b)(9), 
July 10, 1981, 95 Stat. 137; renumbered Sec. 8033 and amended Pub. L. 
99-433, title V, Sec. 522(c), Oct. 1, 1986, 100 Stat. 1061; Pub. L. 100-
456, div. A, title V, Sec. 519(a)(3), Sept. 29, 1988, 102 Stat. 1972.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8034(a)...............................  10:1812 (1st sentence).              Se
pt. 19, 1951, ch. 407, Secs.
8034(b)...............................  10:1812 (less 1st sentence).          2
02, 204, 65 Stat. 328.
8034(c)...............................  10:1814(a) (1st 10 words).           Ju
ne 3, 1916, ch. 134, Sec.  5
                                        10:1814(b) (2d sentence).             (
last par.); added June 15, 1933,
                                        10:1814(c).                           c
h. 87, Sec.  2 (last par.), 48
8034(d)...............................  10:38 (last par.).                    S
tat. 154.
                                        10:1814(a) (less 1st 10 words).
                                        10:1814(b) (less 2d sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``not for'' are substituted for the 
words ``no person shall serve as Chief of Staff for a term of''.
    In subsection (b), the words ``so serving'' are substituted for the 
words ``holding office as such''. The words ``regular or reserve'' are 
substituted for the word ``permanent'', since there are no other 
``permanent'' grades in the Air Force. The words ``in the Air Force'' 
are omitted as surplusage. The words ``and shall take rank as prescribed 
by law'' are omitted as superseded by section 743 of this title. The 
words ``He shall receive the compensation prescribed by law'' are 
omitted as covered by the Career Compensation Act of 1949, 63 Stat. 802 
(37 U.S.C. 231 et seq.).
    In subsection (c), the provisions of 10:1814 relating to the 
direction of the Secretary of the Air Force over the Chief of Staff are 
combined. The words ``and subsection (c) of this section'' and ``state 
of'' are omitted as surplusage.
    In subsection (d), 10:38 (last par.) is omitted as covered by 
10:1814(a). The words ``and other provisions of law'' are substituted 
for the words ``and by other laws''.

                            1962 Act

    The changes correct references to section 202(j) of the National 
Security Act of 1947, which is now set out as section 124 of title 10.


                            Prior Provisions

    A prior section 8033 was renumbered section 10305 of this title.


                               Amendments

    1988--Subsec. (a)(2)(B). Pub. L. 100-456 substituted ``full tour of 
duty in a joint duty assignment (as defined in section 664(f) of this 
title)'' for ``joint duty assignment''.
    1986--Pub. L. 99-433 renumbered section 8034 of this title as this 
section, substituted ``Chief of Staff'' for ``Chief of Staff: 
appointment; duties'' in section catchline, and amended text generally. 
Prior to amendment, text read as follows:
    ``(a) The Chief of Staff shall be appointed for a period of four 
years by the President, by and with the advice and consent of the 
Senate, from the general officers of the Air Force. He serves during the 
pleasure of the President. In time of war or national emergency declared 
by the Congress after December 31, 1968, he may be reappointed for a 
term of not more than four years.
    ``(b) The Chief of Staff, while so serving, has the grade of general 
without vacating his regular or reserve grade.
    ``(c) Except as otherwise prescribed by law and subject to section 
8012(c) and (d) of this title, the Chief of Staff performs his duties 
under the direction of the Secretary of the Air Force, and is directly 
responsible to the Secretary for the efficiency of the Air Force, its 
preparedness for military operations, and plans therefor.
    ``(d) The Chief of Staff shall--
        ``(1) preside over the Air Staff;
        ``(2) send the plans and recommendations of the Air Staff to the 
    Secretary, and advise him with regard thereto;
        ``(3) after approval of the plans or recommendations of the Air 
    Staff by the Secretary, act as the agent of the Secretary in 
    carrying them into effect;
        ``(4) exercise supervision over such of the members and 
    organizations of the Air Force as the Secretary of the Air Force 
    determines. Such supervision shall be exercised in a manner 
    consistent with the full operational command vested in unified or 
    specified combatant commanders under section 124 of this title.
        ``(5) perform the duties prescribed for him by sections 141 and 
    171 of this title and other provisions of law; and
        ``(6) perform such other military duties, not otherwise assigned 
    by law, as are assigned to him by the President.''
    1981--Subsec. (b). Pub. L. 97-22 struck out the comma after ``his 
regular or reserve grade''.
    1980--Subsec. (b). Pub. L. 96-513 struck out ``and is counted as one 
of the officers authorized to serve in a grade above lieutenant general 
under section 8066 of this title'' after ``without vacating his regular 
or reserve grade''.
    1967--Subsec. (a). Pub. L. 90-22 changed the requirement that the 
Chief of Staff be reappointed only with the advice and consent of the 
Senate by providing for his reappointment for a term of not more than 
four years by the President without such advice and consent in a time of 
war or national emergency as declared by the Congress.
    1962--Subsec. (d)(4). Pub. L. 87-651 substituted ``under section 124 
of this title'' for ``pursuant to section 202(j) of the National 
Security Act of 1947, as amended''.
    1958--Subsec. (d)(4) to (7). Pub. L. 85-599 redesignated pars. (5) 
to (7) as (4) to (6), respectively, and in par. (4), as redesignated, 
required the Chief of Staff to exercise supervision only as the 
Secretary of the Air Force determines and in a manner consistent with 
the full operational command vested in unified or specified combatant 
commanders. Former par. (4), which related to command over the air 
defense, strategic, tactical, and other major commands, was struck out.


                    Effective Date of 1981 Amendment

    Section 10(b) of Pub. L. 97-22 provided that the amendment made by 
that section is effective Sept. 15, 1981.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-22 effective Jan. 1, 1969, see section 405 
of Pub. L. 90-22, set out as a note under section 3034 of this title.


        Waiver of Qualifications for Appointment as Service Chief

    For provisions giving President temporary authority to waive 
requirements in subsec. (a)(2) of this section, see section 532(c) of 
Pub. L. 99-433, formerly set out as a note under section 3033 of this 
title.
